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Questions Answered by James Avery
1 Answer | Asked in Personal Injury, Medical Malpractice and Sexual Harassment for Indiana on
Q: My family dr wellness checkup asthma checkup nurse steps out he ask me disrobe sticks speculum inside me then his two

Fingers. He knew two years prior planned parenthood did paps since 13 yr. also I check at age 40 paps are done 3-5 yrs he knew I had one yr before so he intentionally sexual misconduct. I reported it to nurse on other side building 4 days later also MHS case manager and dr that had me report to... Read more »

James Avery
James Avery answered on Jun 27, 2020

A sexual assault which should be reported to the local police or Sheriff office. Send certified letter with all the details of they won’t take your statement. Get therapy through Victims Assistance if you can not afford it.

2 Answers | Asked in Civil Litigation for New York on
Q: Does every civil cause of action have a statute of limitation in NY?
James Avery
James Avery answered on Jun 18, 2020

Yes, there is a 6 year catch-all statute which applies if there is not a specific one.

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1 Answer | Asked in Civil Litigation for Colorado on
Q: This question is in regards to the Supreme Court Case "National Institute of Family and Life Advocates v. Becerra."

The way Justice Thomas phrased his opinion is that the petitioners in the case were "likely to succeed on the merits of their claim that the FACT Act violates the First Amendment." What does it mean that the petitioners were "likely to succeed?" Did the petitioners succeed in... Read more »

James Avery
James Avery answered on May 23, 2020

Petitioners in licensed clinic won. The District Court denied their motion for a preliminary injunction, and the Ninth Circuit affirmed. Holding that petitioners could not show a likelihood of success on the merits, the trial court concluded that the licensed notice survived a lower level of... Read more »

1 Answer | Asked in Personal Injury, Products Liability and Legal Malpractice for Indiana on
Q: This company failed to put warnings on packaging. Can I and should I sue the company. How do I sue the company?

I decided to get a face mask while i was at the store. I put the mask on and it started burning and stinging. Apparently I'm allergic to it since my whole face is blotchy, red, and swollen for over 2 hours now. The product has no allergic reaction warnings. The product also does not inform... Read more »

James Avery
James Avery answered on May 10, 2020

It’s not inherently unsafe if you had an idiosyncratic reaction; however, report it to the CA BBB and Consumer Product Safety Commission. If you end up having serious disfiguring scars it might be worth talking for their to a lawyer.

1 Answer | Asked in Civil Rights, Constitutional Law, Construction Law and Consumer Law for Indiana on
Q: can I run away if I don’t feel safe in my house ?

My mother blames us for the way her boyfriend treats her they fight all the time the last fight they had he called my mom crazy and then he called me crazy when me and my mom get in fights she thinks it ok to put her hands on me last time she put her hands on me I threatened to call the cops and... Read more »

James Avery
James Avery answered on May 7, 2020

A better option might be to call County Dept of Social Services and make a report, they will find you a safe home if necessary.

1 Answer | Asked in Civil Rights for New York on
Q: At trial, the attorney for the plaintiff, Mr. Smith, believes that opposing counsel has not presented a material issue

to contravene (contradict) Mr. Smith’s client.

What motion might Mr. Smith make to the judge? Explain what that motion is in detail, and explain when counsel may raise such a motion. What other motions are similar? How are they utilized? Why does the court entertain such motions?

James Avery
James Avery answered on May 5, 2020

It would be appropriate to file a motion for directed verdict on liability at the close of evidence, assuming Mr. Smith proved all the elements of his case and the defense did not attack his client’s credibility or present any evidence to counter the elements of liability. Most courts would... Read more »

1 Answer | Asked in Business Law and Civil Rights for Indiana on
Q: I own a small hair salon in Indiana a client is refusing to wear a mask saying that she’s protected by the ADA because

Of childhood trauma she says I cannot refuse her service is this true when in Indiana you are required to wear a mask in public and in businesses

James Avery
James Avery answered on May 4, 2020

I don’t believe any small private business is subject to civil rights liability under ADA. Call Office of Civil Rights to confirm.

1 Answer | Asked in Consumer Law, Personal Injury, Civil Rights and Medical Malpractice for Indiana on
Q: if i wanted to file a lawsuit against a medical provider for refusing service to me. How can I?

I went to this provider and stated that I had pain in a particular area of my body. He roughly and unexpectedly tapped the area with his instrument causing immediate pain to me and I reacted by coming up out of my seated position, to the Dr.'s alarm. I immediately and angrily said to him... Read more »

James Avery
James Avery answered on Apr 23, 2020

You have to start by filing a complaint with the Commissioner of Insurance. Go to the website to get the particulars.

4 Answers | Asked in Personal Injury and Animal / Dog Law for Colorado on
Q: If the smell of a llama causes a unusually allergic reaction to an adjacent neighbor can their be a remedy to alleviate

If someone has numerous llamas that stink a smell what can a neighbor do?

James Avery
James Avery answered on Apr 21, 2020

This is called a ‘nuisance’ and could be actionable. Generally, the use must be compatible with the locale. Talk to a local lawyer.

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2 Answers | Asked in Personal Injury, Animal / Dog Law, Medical Malpractice and Wrongful Death for New York on
Q: Is there any attorney in New York willing to take a veterinarian malpractice case?

Our dog died a sudden, senseless, and tragic death at the hands of a negligent veterinarian. We are aware that the veterinarian violated standards of case for several reasons. We have a necropsy report, toxicology report, and an expert witness veterinarian opinion letter. This not about money - it... Read more »

James Avery
James Avery answered on Apr 20, 2020

I’m cautious whenever people say its “not about money” because the reality is that an attorney’s time is their stock in trade, and time is money. There is small claims court for folks with initiative but without money, and if you get the Judgment it vindicates you!! But if you want a... Read more »

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1 Answer | Asked in Personal Injury and Products Liability for Colorado on
Q: My father was injured. An automatic door in a hospital bathroom threw him and caused a bunch of bruising. What can he d

This happened on March 23, 2020. He hasnt been able to walk right since. He went to the ER where he was treated for his pain. He is waiting to get an appointment with a neurologist.

James Avery
James Avery answered on Apr 10, 2020

Of course the matter should have been reported and recorded in the medical record. Get a copy and expect a call from Risk Management. Beware of quick settlements if there is possible long term disability and even future surgery. Settlements are final. You have 6 months to file a formal claim if a... Read more »

1 Answer | Asked in Personal Injury for Colorado on
Q: I was published in the local newspaper blotters briefs for motor vehicle theft however that was not my charge

It was brought to my attention by a co worker

James Avery
James Avery answered on Apr 5, 2020

You can contact the news organization and ask for a correction. If you lose your job or some significant injury, then talk to a defamation lawyer.

3 Answers | Asked in Car Accidents, Employment Law and Personal Injury for Indiana on
Q: indiana subrogation lien from WC, 3rd party fault ( car accident) what is included in the lien? pay & medical?

I am writing a demand letter & want to ask for a lower lien amount

James Avery
James Avery answered on Apr 5, 2020

The lien includes any damages that were recoverable against a third party, whether asked for or not, and paid by W.C.

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1 Answer | Asked in Civil Rights and Civil Litigation for Colorado on
Q: Looking for advice on a civil case

I'm the plaintiff in a civil case, yesterday was our first day in court. The defendant had not filed a response, the judge told her she had to file yesterday and give me a copy yesterday. I did not receive it. What can I do now?

James Avery
James Avery answered on Apr 2, 2020

File a Notice of Default.

1 Answer | Asked in Civil Rights for Colorado on
Q: So in layman’s terms, a handgun can or cannot be loaded in a motor vehicle? Appreciate your assistance
James Avery
James Avery answered on Apr 2, 2020

This is a criminal law question. Resubmit to ‘criminal’ lawyers if you were arrested. If you were legal to carry a gun, and arrested, then it might be a false arrest scenario.

1 Answer | Asked in Civil Rights and Criminal Law for Colorado on
Q: What can I do to enforc my right to due process? my right to a lawyer was stolen by police when they lied "ERRORED"

No due process? I was not given a lawyer and falsely arrested for fleeing. I committed no crime and video shows no probable cause to pull me over. I was pursued 2 blocks from home where officers were on a call from a caller who said I was dead. (NOT SUICIDAL) dead because of suicide. It was obvious... Read more »

James Avery
James Avery answered on Apr 2, 2020

Local police investigations can sometimes be obtained by reporting an egregious event to the FBI, or Internal Investigations of the subject police department.

1 Answer | Asked in Civil Litigation and Civil Rights for New York on
Q: Can a lawyer help me sue the NYCTP and NYPD for continuously harassment and my minor son?

After my ex husband failing to get me deported. He went ahead and made false allegations about me and my minor son to the police. We are always being harassed like criminals. We are labeled thieves in the stores despite the fact that I have no criminal history. My ex is NYPD retired detective so he... Read more »

James Avery
James Avery answered on Apr 2, 2020

Local police corruption can be reported to the Dept of Justice (FBI).

1 Answer | Asked in Civil Rights, Criminal Law and Domestic Violence for New York on
Q: False police report - Fake domestic violence report - Attorney Referral

A false police report was made by my family members and the NYPD arrested me based on that FALSE/FAKE police report. Now, I need a lawyer that can help me file lawsuits for False police report, wrongful arrest, financial harm, destruction of reputation, mental stress & conspiracy. Thanks.

James Avery
James Avery answered on Apr 2, 2020

Do you have proof that the police KNEW the report was false and DELIBERATELY arrested you without evidence? How many years in jail did you spend as a result?

1 Answer | Asked in Civil Rights for New York on
Q: Is this a violation of the First Amendment?

I recently created a project on Social Security and I did it in a satirical way with labeling a few of my classmates as "blind" or "dependent", I got their full consent, and I showed everyone I interacted with that day the video for their approval. However, my teacher rejected... Read more »

James Avery
James Avery answered on Apr 2, 2020

Your teacher is allowed to exercise discretion in the classroom, and students have no established right to exercise free speech in the classroom.

1 Answer | Asked in Products Liability and Personal Injury for New York on
Q: What is the liability of the hairstylist when selling professional hair color to their clients for at home use?

We are thinking of making color "touch up" kits to sell to clients during the time we are closed due to social distancing. What are the liabilities associated with this as the business owners if something were to go wrong with either the color results , unexpected hair damage or personal... Read more »

James Avery
James Avery answered on Apr 2, 2020

Liability will generally depends on whether a license is required to sell the product, and if so, there is probably a potential for liability.

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